Legal Opinion

Nassitts v. State

Court of Criminal Appeals of Texas

Decided March 28, 1896No. 862PublishedCited by 4 opinions

Appeal from the District Court of San Patricio. Tried below before Hon. M. F. Lowe. This appeal is from a conviction for embezzlement by a private person of money intrusted to him, the punishment being assessed at two years’ imprisonment in the penitentiary. The charging part of the indictment will be found set out in the opinion.

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Appeal from the District Court of San Patricio. Tried below before Hon. M. F. Lowe. This appeal is from a conviction for embezzlement by a private person of money intrusted to him, the punishment being assessed at two years’ imprisonment in the penitentiary. The charging part of the indictment will be found set out in the opinion. A motion was made to quash the indictment, upon the ground, that it failed to allege to whom the money was to be carried, how long the same was to be canned, or for what purpose the same was to be carried. This motion was overruled. No further statement necessary.

1Opinion of the Court

HENDERSON, Judge.

Appellant in this case was indicted under Art. 788, Willson’s Crim. Stat. (see, Rev. Crim. Code, Art. 940). The charging part of the indictment is as follows: “That said Nasitts was then and there a private person, and as such had intrusted and delivered to him certain money, to-wit, one hundred and thirteen dollars, current money of the United States, of the value of one hundred and thirteen dollars, the same being the property of E. MeKeown and John Donahoe, to be by the said J. M. Kasitts carried, and the said Nasitts did then and there fraudulently, without the consent of…

2Cited by4 opinions

  1. Kinney v. StateCourt of Criminal Appeals of Texas · 1904
  2. State v. SuppeSupreme Court of Kansas · 1899
  3. Nesbitt v. StateCourt of Criminal Appeals of Texas · 1912
  4. Kinney v. StateCourt of Criminal Appeals of Texas · 1904

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